Arnwine Obtains Favorable Ruling on Appeal

The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment.  The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway.  A complaint filed after the accident went unanswered due to an oversight by the insurance carrier.  Once the oversight was discovered, an answer was filed along with a motion to set aside the default judgment.  The trial court never ruled on the motion; thus, it was denied “by operation of law” (i.e., the motion was denied automatically as soon as 90 days had passed from the date it was filed).  In his filings with the trial court, Rob established that the defendant had valid defenses to the claims and that the failure to answer was simply a mistake.  On appeal, the Alabama Supreme Court relied on these filings in finding that the default judgment should have been set aside so that the case could be properly litigated.  Hilyer v. Fortier, No. 1140991 (January 6, 2017 Ala.).  Of note, this was actually the second time the case was before the Supreme Court.  In 2015, the Supreme Court ruled that a trial court cannot allow a properly-supported motion to set aside a default judgment to be denied by operation of law.  Hilyer v. Fortier, 176 So. 3d 809 (Ala. 2015).  Please contact Rob if you would like to discuss the Hilyer opinions or the procedure for setting aside default judgments in general.

News

Kennedy Obtains Dismissal

Camille M. Kennedy of our Chattanooga (TN) office recently secured a complete defense victory in Gwinnett County (GA) in a food poisoning case against a national fast-food restaurant. The plaintiff alleged that French fries served by our client caused her illness and required medical treatment. After the close of the […]

Watson and Davenport Obtain Dismissal

Jordan D. Watson and Jared Davenport of our Chattanooga (TN) office successfully defended a fellow attorney through the Tennessee trial and appellate courts in a lawsuit arising from a property dispute. After the plaintiff added the attorney as a defendant, alleging bad-faith legal advice related to a deeded property during […]

Wells Participates in Naturalization Ceremony

Carr Allison shareholder and retired Mobile County District Judge Judson W. Wells, Sr. will participate today in the Naturalization Ceremony in Mobile (AL). The formal ceremony will be conducted by the United States District Court for the Southern District of Alabama. In his capacity as Past President of the Mobile […]


US Law Network Inc EC Defense Network Professional Liability Attorney Network